Authority: IC 4-22-2-19.6; IC 14-10-2-1; IC 14-10-2-4; IC 14-24-3-1

Affected: IC 14-24-5-8

Sec. 6. (a) The civil penalty for a notice of violation for a nursery grower is not more than five hundred dollars ($500) a day.

(b) The department shall determine the civil penalty under subsection (a) based on the following factors:

1. (1) The extent of the violation.
2. (2) The length of time between when a notice of violation is issued and when the nursery grower remedies the violation.
3. (3) The number of prior notices of violation issued to the nursery grower.
4. (4) The extent of the danger to the agricultural industry or natural resources of the state because of the violation.
5. (5) The time and labor costs for the department to remedy the violation.
6. (6) The cost to the department and the extent of the procedures needed to remedy the violation.
7. (7) The cost of additional inspections to establish compliance with a notice of violation.
8. (8) The cost of laboratory services to confirm compliance with a notice of violation.

(Natural Resources Commission; 312 IAC 1.5-3-6; filed Sep 9, 2024, 10:54 a.m.: 20241009-IR- 312240164FRA)